Context

Recently, Pakistan President Asif Ali Zardari approved the 27th Constitutional Amendment, passed swiftly through Parliament without detailed debate.

Background

Pakistan has a long and troubled history of power struggles between its military, judiciary, and executive branches. Since independence in 1947, Pakistan has undergone three full military coups (1958, 1977, 1999), each time suspending the constitution.

During these periods, the judiciary often legitimized military rule through the infamous “Doctrine of Necessity”, which weakened judicial independence. The 2007 judicial crisis during Pervez Musharraf’s emergency rule triggered a nationwide movement led by lawyers and civil society, leading to the restoration of judges and greater judicial activism.

Despite this, the military has remained the most powerful institution in Pakistan. The judiciary has frequently challenged the civilian and military leadership — such as disqualifying PM Nawaz Sharif, intervening in military appointments, and asserting authority over constitutional matters.

This ongoing power struggle has now escalated into a full-blown constitutional crisis following the 27th Constitutional Amendment.

The 27th Constitutional Amendment: What Triggered the Crisis?

(A) Creation of a New Federal Constitutional Court (FCC)

The amendment establishes a separate court for constitutional matters.

• This removes the Supreme Court's original jurisdiction over constitutional disputes.
• The Supreme Court is effectively reduced to an appellate court for civil and criminal matters.

This significantly weakens the judiciary as a check on the executive.

(B) Concentration of Military Power

The amendment includes major structural changes:

• The Army Chief is redesignated as Chief of Defence Forces.
• The tenure of the top military leadership may be extended.
• The President and certain senior officials receive immunity from prosecution.

This is seen as giving the military and executive near-total control.

(C) Resignation of Senior Judges

Calling the amendment “an assault on the Constitution,” three judges Justice Mansoor Ali Shah (Supreme Court), Justice Athar Minallah (Supreme Court) and Justice Shams Mehmood Mirza (Lahore High Court) resigned which deepened the crisis and symbolized judicial defiance.

(D) Political and Public Reactions

• Opposition parties (especially PTI) and bar councils have called the amendment a “flagrant attack” on judicial independence and have announced nationwide protests.
• Government ministers claim the amendment is a “historic reform” to promote governance efficiency.The nation is experiencing a sharp institutional confrontation.

Effects on Pakistan’s Political Stability

• Weakening the Supreme Court undermines checks and balances.
• Military influence is expected to increase in political decision-making.
• The crisis could lead to prolonged institutional conflict.
• Economic policymaking may suffer due to political instability and now Pakistan’s democratic structures are facing a serious threat of erosion.

Impact on India: Why This Matters

(A) Border Security Threats: Political instability in Pakistan often correlates with Increased cross-border                    tensions and Higher risk of ceasefire violations.

(B) Terror Infrastructure Concerns

      Weak civilian control may allow militant groups to operate with greater freedom, increasing:

• Terror threats against India,
• Instability in Jammu & Kashmir.

(C) Diplomatic Challenges

     With the military gaining more power:

• India-Pakistan talks will become less predictable.
• Back-channel diplomacy may weaken.

(D) Regional Geopolitical Implications

      India must manage its ties with major players — the US, China, Gulf states — carefully as Pakistan becomes                    increasingly unstable.

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